The Natural Resources Defense Council submitted a FOIA request to the Department of Energy for records concerning the effect of President Trump's executive order cutting back on regulations on standards for portable air conditioners and other cooling equipment. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the NRDC filed suit.Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nancy Sharman Marks. The party information for the following party/parties has been modified: U.S. Department of Energy. The information for the party/parties has been modified for the following reason/reasons: party names must be entered as they appear on complaint, no abbreviations. (rch) (Entered: 09/26/2017)

2017-09-26

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nancy Sharman Marks to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant's name in docket text must match defendant's name on summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch) (Entered: 09/26/2017)

2017-09-26

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (rch) (Entered: 09/26/2017)

2017-09-26

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (rch) (Entered: 09/26/2017)

LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated March 5, 2018. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 03/05/2018)

2018-03-06

18

ORDER granting 17 LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated March 5, 2018. Document filed by United States Department of Energy. Application granted. (Signed by Judge Naomi Reice Buchwald on 3/6/2018). (rjm) (Entered: 03/06/2018)

STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: NOW, THEREFORE, the Parties hereby stipulate and agree as follows: In consideration for the release of NRDC' s claims and causes of action, as soon as reasonably practicable after the Court has approved and docketed this Stipulation of Settlement and Order of Dismissal ("Stipulation"), DOE shall pay the sum of six thousand and five hundred dollars ($6,500) to NRDC in settlement of NRDC's claims for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payments shall be made by electronic funds transfer, and counsel for NRDC will provide the necessary information for DOE to effectuate the transfer. Any obligation of DOE to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require DOE to obligate or pay funds in contravention of the Anti-Deficiency Act. This Stipulation shall constitute the full and complete satisfaction of any and all claims on behalf of NRDC arising from (a) the FOIA request and the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that NRDC has brought, could bring, or could have brought against DOE regarding the FOIA Request and NRDC's claims in this case, or any other proceeding involving the claims raised in this action, including all claims for attorneys' fees and costs. Any and all remaining issues in this litigation are waived by the Parties. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees except as provided in paragraph 1 of this Stipulation, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation. This Stipulation contains the entire agreement between the Parties, and no statement, representation, promise, or agreement, oral or otherwise, between the Parties or their counsel that is not included herein shall have any force or effect. And as set forth herein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/23/2018) (ama) (Entered: 07/23/2018)